Legal Question in Civil Litigation in Pennsylvania
Civil Demand?
Recently I was put on a Civil Demand by a store for accidently walking out without paying for an item. I would like to know what Civil Demand is, and what I am facing in the eyes of justice and the courts?
1 Answer from Attorneys
Re: Civil Demand?/lawsuit
I am a new member of the Guru network, so I just received this posting.
The situation you described appears to be a district justice lawsuit. Any one, whether business or individual, may sue any one else at any time. The only requirements are the filing fees. Of course, to be successful in any litigation in the county courts, you should be represented by an attorney.
District Justices, formally known as justices of the peace, are in essence a small claims court. The judgment amount is limited to $8,000.00, plus filing fees, except in Philadelphia where the limit is $10,000.00. At the district justice level, attorney representation is not essential. However, corporations may only be represented by one of their officers, shareholders or an attorney.
You must be given notice of a hearing date and you in turn must notify the DJ of your intention to defend. At the hearing, you will be given he opportunity to cross examine any witnesses for the Plaintiff and to present evidence yourself including your testimony. Since the Rules of Evidence apply, you should speak with an attorney about possible representation.
I trust this has been helpful, but feel free to call or e-mail with any questions.